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AF | BCMR | CY2003 | BC-2003-00492
Original file (BC-2003-00492.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00492
            INDEX CODE:  121.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He have 2.5 days of leave restored to his account.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The record is in error or unjust because he lost  2.5  days  of  leave
from September through October 2002.

In support of his appeal, applicant has attached  Leave  and  Earnings
statements from February through October 2002.

His appeal, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving  on  a  statutory  tour  with  the  Air
National Guard Readiness Center and is serving in the grade of  Master
Sergeant.

Applicant carried forward 75.0 days of leave into FY 02.  Fifteen (15)
days of the  leave  carried  forward  were  considered  Special  Leave
Accrual (SLA) days.  He accumulated 27.5 days of leave  during  FY  02
and used a total of 33 days.  The last leave he used in FY 02  was  26
Aug through 29 Aug 02.  He lost 2.5 days of leave that he  accrued  in
September 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI  reviewed  this  application  and  recommended  denial.   The
purpose of SLA is to prevent members from losing accrued leave if they
are unable to take normal leave  due  to  significant  and  unforeseen
operational mission requirements.  Authorized members are  allowed  up
to 30 days of SLA.  They are ineligible  for  SLA  accrual  if,  after
returning from deployment, they had the opportunity to use  leave  but
failed to do so.  Members applying for SLA are only able to recoup the
amount of lost leave  that  they  would  not  normally  have  had  the
opportunity to use prior to the end of the FY in which it was accrued.
 Otherwise, members have up to 3 FY’s to use accrued SLA.   Therefore,
the 2.5 days he lost was the leave he accrued for the month of Sep 02.
 He lost those days because he failed to use them prior to 1 Oct 2002.

ANG/DPPI’s evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4
April 2003 for review and comment within 30 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented  to  demonstrate  the
existence of an error or injustice.   After  reviewing  the  evidence  of
record, we are persuaded that the applicant misunderstood  Special  Leave
Accrual (SLA) program rules surrounding use of his leave.   Although  the
applicant has not submitted evidence showing that he was miscounseled, we
found the rules governing  SLA  leave  very  confusing  and  believe  the
applicant would have used the leave had he known of the applicable rules.
 Therefore, we recommend his records be corrected to the extent indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that 2.5 days of leave were added  to  his
leave account commencing    2 October 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-00492 in Executive Session on 5 June 2003, under  the  provisions
of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Feb 03, w/atchs.
    Exhibit B.  Letter, ANG/DPPI, dated 20 Mar 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 03.




                                   ROBERT S. BOYD
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary


BC-2003-00492






MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that 2.5 days of leave were
added to his balance commencing 2 October 2002.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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